1. Heard learned respective Counsel for the parties.

2. Challenge in aforesaid both the appeals is to the conviction and sentence imposed upon the appellants (original accused nos.1 and 2, respectively), by way of judgment and order dated 10-12-2010, rendered by the learned Special Judge, Omerga, in Special (NDPS) Case No. 3/2010, thereby convicting both the appellants for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (For short, "NDPS Act"), and sentencing them to suffer rigorous imprisonment for ten years, each, and to pay fine of Rs. 1,00,000/-, each, and in default of payment of fine, to suffer rigorous imprisonment for two years.

3. The factual conspectus of the prosecution case is as follows :

(a) It is the case of the prosecution that P.W.2 Police Inspector, Rajendra More, was attached to Omerga Police Station at the relevant time, and received an anonymous phone call at about 6.00pm on 23-2-2010, informing him, that two persons were sitting near Dattaraj Hotel at Chaurasta, along with white and blue bags containing Ganja. Accordingly, he took entry in the station diary to that effect and sent letter Exhibit 12, through Police Constable Ghuge, to P.W.1 Bharat Suryawanshi, Naib Tahsildar, and called him to the Police Station, as well as, he deputed Police Constables, Shri Kale and Shri Sonawane to call two respectable persons as Panchas. He also informed the said information to Dy.S.P. Shri Thonge Patil on telephone. Accordingly, P.W.1 Bharat Suryawanshi, Naib Tahsildar, two Panchas including P.W.4 Ram Gaikwad, and Dy.S.P. Thonge Patil arrived at the Police Station, and P.W.2 P.I., Rajendra More, apprised them about the information and requested the Panchas to act as Panchas for the proposed raid, to which they consented. Moreover, said members of the raiding party collected lakh, seal and sealing material, and P.W.2 Rajendra More made entry in Station Diary (Exhibit 20) and thereafter said members of the raiding party proceeded to Dattaraj Hotel and reached there at about 6.15 p.m., and found accused nos.1 and 2 near the said hotel who were sitting on two bags at the said place, and one of the said bags was of blue colour and another was of white colour.

(b) Thereafter, P.W.2 P.I., Rajendra More, P.W.1 Naib Tahsildar, Bharat Suryawanshi, and Dy.S.P. Thonge Patil, as well as, Panchas introduced themselves to the said two persons i.e. accused nos.1 and 2, as well as, P.W.2 P.I. Rajendra More informed them that he desired to take their search in the presence of gazetted officer i.e. P.W.1 Bharat Suryawanshi, and accused nos.1 and 2 consented therefor in writing which is produced at Exhibit 13. Members of the raiding party offered their searches to accused nos.1 and 2, but they declined therefor. Moreover, P.W.2 P.I. Rajendra More made enquiry with them about their names and residence and thereupon accused no.1 gave his name as 'Sandeep', resident of Pune, and accused no.2 gave his name as 'Suresh Tiwari', resident of New Mumbai, Washi. So also, P.W.2 P.I. Rajendra More asked accused nos.1 and 2 about the contents in the said bags and thereupon they disclosed that both the bags contained Ganja and accused no.1 had a blue bag containing greenish colour Ganja, whereas accused no.2 had white colour bag containing Ganja therein. P.W.2 P.I. Rajendra More brought weighing scale through Police Constable Sonawane, and both the said bags belonging to accused nos.1 and 2 were weighed and the said bags weighed 9 Kgs. each. Moreover, three samples of 100 gms. Ganja were taken from each bag and the sample packets were labelled with the signatures of Panchas and signature of P.W.2 P.I. Rajendra More, and said sample packets were sealed, as well as, remaining quantity of Ganja was also attached. Moreover, spot panchanama was prepared at the said place in the presence of P.W.4 Ram Gaikwad and signatures of Panchas were obtained thereon, as well as, P.W.1 Naib Tahsildar, Bharat Sury